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Questions about BK, but I'm on the receiving end...

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    Questions about BK, but I'm on the receiving end...


    #2
    I just went through a nasty divorce last year so I know where you are coming from. I take it you are going to divorce him, correct? If you are, I would file the paperwork ASAP and start that whole process moving. It takes EONS if it's contested which in your case it will be if he's not paying for anything - sounds like you've got a fight on your hands. Mine took almost a year and it was a LONG year to say the least.

    I would do whatever I could to protect myself legally if I were you and a divorce attorney is a good start (most give free initial consults, much like BK attys). Also Google the divorce laws in your state - it will help you get a feel for what is your responsiblity and his if you were to divorce.

    Do you work? That support that you are asking him for, is that for alimony or child support? If it is, it should be IN ADDITION to his share of the bills in the rental house that he abandoned. After all, how is it fair to you that he can go and start over with a cheaper place and just leave you holding the bag in the old place. Shouldn't YOU get that chance too?

    If he did decide to quit his job, he'd have to wait out until his 6m salary fell below the median for your state (which is what, btw?). You can't just quit your job and file for a C7. The court looks at your past 6 months of wages, not your CURRENT wages. Your past 6 m needs to fall below the median for the court to even consider you for a C7 (and that's without even doing Schedules I and J to see if he has disposable income which is another whole ball of wax).

    Anyway - take a deep breath and start arming yourself with knowledge. Read up on the laws in your state and come here with questions.
    11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

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